TOWN OF I N D I A L A N T I C
Brevard County, Florida 32903
REGULAR TOWN COUNCIL MEETING
December 17, 2002 Town Hall
MINUTES NO. 03-03
MINUTES OF A REGULAR TOWN COUNCIL MEETING HELD IN THE INDIALANTIC TOWN HALL ON DECEMBER 17, 2002.
PRESENT:
Hon. Daniel S. Trott, Mayor
Hon. Bruce Bogert, Deputy Mayor
Hon. Vince Benevente, Councilman
Hon. Cliff Cook, Councilman
Hon. Mike McCabe, Councilman
Paul Gougelman, Town Attorney
Christopher W. Chinault, Town Manager
Laura Eaton, Town Clerk
This meeting was tape recorded. Records are indexed and filed for ready reference where such has been summarized in typed minutes.
I. CALL TO ORDER AT 7:00 PM
Mayor Trott called the meeting to order at 7:00 PM.
II. PLEDGE OF ALLEGIANCE
III. APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT – filed by Robert Johnson, 500 Watson Dr. appealing the decision to deny a variance to Code Section 17-103(b)(3)(b) – parking and storage of RV’s (continued from the October 15, 2002 and November 19, 2002 meeting)
The Town Clerk reported that Mr. Johnson was out of town and has requested that the hearing be cancelled.
Councilman Benevente moved to not continue the hearing. Councilman Cook seconded. Motion carried unanimously.
The Town Manager provided background on Mr. Johnson’s request to park an RV approximately six feet from the side lot line instead of the required 25 feet on a recently constructed and permitted driveway.
Councilman Cook moved to deny the appeal. Councilman Benevente seconded.
Dave Berkman, 225 Eight Ave., received clarification that parking a car in that location is permissible.
Motion to deny the appeal passed unanimously.
IV. PUBLIC
Dr. Elizabeth Hancock, Center for Family Wellness on Sixth Ave., requested permission to post signs for an upcoming health fair on February 8, 2003.
The Town Manager clarified that these signs are not allowed by Code.
The Council agreed to review the issue at the January meeting.
John B. MacNeill, 1320 S. Riverside Dr., suggested that Dr. Hancock apply for a variance instead of making code changes.
Ray DiZefalo, 141 Tampa Ave., suggested the health fair be noted in the newsletter. Mr. DiZefalo also announced an upcoming Marine Resources Council workshop concerning red tide.
Carol Andren, 906 S. Ramona, Chairman of the 50th Anniversary Committee, requested that the Council consider continuing with some type of annual event and establishing a Heritage Committee to archive the collected materials.
Lynn Normile, 1316 S. Riverside Dr., requested an update on the status of permitting the play structure on the property adjacent to her own.
Town Manager Chinault advised that the Building Official and attorney are reviewing the situation.
V. PUBLIC ANNOUNCEMENTS
The Town Clerk read the following announcements:
A. There are currently openings on the Board of Adjustment and the Zoning and Planning Board
B. There will be an opening on the Zoning and Planning Board and the Budget and Finance Committee in January
C. Town Hall will be closed December 24 and 25 for Christmas and January 1 – New Year’s Day
VI. CONSENT AGENDA
A. Minutes No. 03-02 – Regular Meeting – November 19, 2002
B. Approval of parking space use agreement with Bizzarro’s Pizza for 2003
C. Approval of parking space use agreement with Shagg’s for 2003
D. Approval of Code Enforcement lien release for 520 N. Riverside Dr.
E. Approval of First Responder Agreement with Brevard County for 2003
F. Approval of Sunrise Park Extension Agreement with Brevard County
Deputy Mayor Bogert moved to approve Items A, C and F. The Town Clerk clarified that the motion was to approve the minutes as corrected. Councilman Cook seconded. Motion carried unanimously.
B. Approval of parking space use agreement with Bizzarro’s Pizza for 2003
Councilman Cook received clarification on assessing the parking rates.
The Town Manager advised that the fees were set by ordinance and these agreements were consistent with the ordinance.
Deputy Mayor Bogert moved to approve Item B. Councilman Benevente seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman McCabe voting “yes.” Councilman Cook voted “no.”
D. Approval of Code Enforcement lien release for 520 N. Riverside Dr.
The Town Manager gave background on Item D. He reported that the attorney recommended that the lien be released based on improper notice to the property owners.
Deputy Mayor Bogert moved to approve Item D. Councilman Benevente seconded. Motion carried unanimously.
E. Approval of First Responder Agreement with Brevard County for 2003
Deputy Mayor Bogert moved to approve Item E. Councilman Benevente seconded. Motion carried unanimously.
A. Zoning and Planning Board – Two openings. Rick Bertel and John B. MacNeill would like to be reappointed
Deputy Mayor Bogert moved to reappoint Mr. Bertel and Mr. MacNeill. Councilman Benevente seconded.
Councilman Cook requested that the applicants be voted on individually.
Deputy Mayor Bogert withdrew his motion.
Councilman Cook moved to reappoint Mr. MacNeill. Deputy Mayor Bogert seconded. Motion carried unanimously.
Councilman Benevente moved to reappoint Mr. Bertel. Deputy Mayor Bogert seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman McCabe voting “yes.” Councilman Cook voted “no.”
B. Board of Adjustment – Four openings (two members, two alternates). John Allen and Ray Disher would like to be reappointed. Applications received from David Berkman, Bud Evans, Mike Fischer and Laura Lewandowski
Deputy Mayor Bogert moved to reappoint Mr. Allen. Councilman Benevente seconded. Motion carried with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman McCabe voting “yes.” Councilman Cook voted “no.”
Deputy Mayor Bogert moved to reappoint Mr. Disher. Councilman Benevente seconded. Motion carried unanimously.
Councilman Benevente moved to appoint Mr. Berkman. Councilman McCabe seconded. Motion carried unanimously.
Councilman Cook moved to appoint Mr. Evans. Councilman McCabe seconded. Motion carried unanimously.
C. Budget & Finance Committee – One opening. Norman Greer would like to be reappointed.
Deputy Mayor Bogert moved to reappoint Mr. Greer. Councilman Benevente seconded. Motion carried unanimously.
D. Code Enforcement Board – One opening. Ron Campbell would like to be reappointed.
Councilman Benevente moved to reappoint Mr. Campbell. Deputy Mayor Bogert seconded. Motion carried unanimously.
E. Police/Fire Pension Board of Trustees – One opening. Application received from Nancee Hay
Deputy Mayor Bogert moved to appoint Ms. Hay. Councilman Cook seconded. Motion carried with Deputy Mayor Bogert, Councilman Benevente, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
A.Ordinance 03-01 – Amending Sections 17-143, 17-144, and 17-145 relating to zoning variances; repealing Section 17-146 eliminating provisions for the appeal of variances from the Board of Adjustment to the Town Council
1.First reading – by title only
The Town Clerk read the ordinance by title only.
2.Public hearing and adoption on first reading
Deputy Mayor Bogert moved to adopt Ordinance 03-01. Councilman Benevente seconded.
Mayor Trott stated that he felt the ordinance would make it more difficult for the public to appeal and add additional expense and time.
Councilman Benevente noted that Indialantic is the only municipality in the county that allows the Council to hear appeals from the Board of Adjustment.
Councilman Cook stated that the Board of Adjustment should not be overridden by the Council.
Keith Mauter, 107 Tradewinds Ter., received clarification from Attorney Gougelman that the appeal process would be basically the same except that there would be no intermediate review by the Council. The Attorney explained that the circuit court would only conduct a review of the proceedings, cost about $5,000 and that the time factor would be governed by the court’s docket.
The following members of the public addressed the issue:
Teresa Dyer, 135 8th Avenue
Franco Merro, 106 Deland Avenue
Carol Andren, 906 S. Ramona Avenue
Dave Berkman, 225 Eighth Avenue
Scott Bell, 1005 S. Shannon Avenue
In response to a question from Councilman McCabe, Attorney Gougelman clarified that as the ordinance does not specify that the appeal go to court, the review is through a common writ of certiorari.
Motion to adopt Ordinance 03-01 carried with Deputy Mayor Bogert, Councilman Benevente, Councilman Cook and Councilman McCabe voting “yes.” Mayor Trott voted “no.”
B. Ordinance 03-02 – Amending Section 17- 159 – Providing clarification as to what constitutes prohibited enlargement of a non-conforming use
1.First reading – by title only
The Town Clerk read the ordinance by title only.
Attorney Gougelman noted that on page 3 line 25 the word “not” should be added after “shall” and before “be.”
2.Public hearing and adoption on first reading
Deputy Mayor Bogert moved to adopt Ordinance 03-02. Councilman McCabe seconded.
Councilman McCabe had requested the ordinance based on an interpretation of the Board of Adjustment that vertical increases do not increase a non-conformity.
Carl Andren, 906 S. Ramona, supported the ordinance.
Motion to adopt Ordinance 03-02 carried unanimously
IX. UNFINISHED BUSINESS
A. Discussion and possible action regarding code enforcement resolution at 1010 Wavecrest Avenue (tabled at the November 19, 2002 meeting)
The Town Manager recommended that the matter be tabled again because the problem is trying to be resolved.
Councilman McCabe moved to table the item to the next meeting. Deputy Mayor Bogert seconded. Motion carried unanimously.
B. Approval to refund 75% of vendor’s fees for those who participated in the 50th Anniversary celebration (Requested by the 50th Anniversary Steering Committee due to inclement weather)
Town Manager Chinault explained that the money is available in the 50th Anniversary budget and supported the Committee’s request.
Deputy Mayor Bogert moved to refund 75% of the vendor’s fees. Councilman Cook seconded. Motion carried unanimously.
A. Discussion and possible action regarding Council’s goals and objectives for 2003
Mayor Trott requested that the Council present their objectives and goals in writing at the next meeting.
The Town Manager asked that they be submitted by January 14 for inclusion in the packets.
B. Discussion and possible action regarding code enforcement resolution at 230 Third Avenue
Town Manager Chinault provided background and advised that the Code Enforcement Board had taken no action on Ms. Ramey’s prior request to waive the fine and remove the lien. He noted that the property is in compliance and that the lien is $1,215 in fines accumulated since 1996.
Councilman Cook moved to approve Ms. Ramey’s request. Councilman McCabe seconded.
Ms. Ramey expressed her strong concerns with the environment and clarified that the violation was to Code Section 5.5-68 (b) – an improperly maintained lawn. She also stated that she felt the code is old and outdated.
The following members of the public commented on the issue:
Daniel Zell, 222 First Avenue
Mark Wilson, 225 Miami Avenue
Carol Andren, 906 S. Ramona Avenue
Linda Zell, 222 First Avenue
Dr. Hancock, 241 Sixth Avenue
Teresa Dyer, 135 Eighth Avenue
Mayor Trott questioned setting a precedent and overriding a Board decision concerning a code violation.
Councilman Cook amended his motion to include a provision that the Code Section 5.5-68(b) be reviewed. Councilman McCabe seconded the amended motion. Motion carried unanimously.
C. Discussion and possible action regarding traffic on South Shannon (Requested by Mayor Trott)
Councilman Benevente suggested that additional stop signs be installed to slow traffic and that the Town Manager review where they should be placed and report at the next meeting.
Mayor Trott recommended that the Council also consider other options such as speed bumps, medians, etc.
The following members of the public spoke on the issue:
Nancee Hay, 136 10th Avenue
John B. MacNeill, 1320 S. Riverside Drive
Teresa Dyer, 135 Eighth Avenue
Mark Wilson, 225 Miami Avenue
Councilman Benevente moved to have the Town Manager review the situation and put up additional stop signs. Councilman Cook seconded. Motion carried unanimously.
D. Discussion and possible action regarding Eighth Avenue traffic movement at SR-A1A east of SR-A1A (Requested by Mayor Trott)
Mayor Trott pointed out a problem with cars crossing A1A from the beach at Eighth Avenue at high rates of speed.
Councilman Cook suggested an overall plan for traffic control as the problem exists throughout the Town.
The following people suggested means of traffic control:
Linda Zell, 222 First Avenue
Teresa Dyer, 135 Eighth Avenue
Councilman Cook moved to make right and left turns only from Eighth Avenue onto A1A requiring traffic to travel north or south only. Councilman Benevente seconded.
The following people commented on the motion:
Carl Andren, 906 S. Ramona Avenue
Teresa Dyer, 135 Eighth Avenue
John B. MacNeill, 1320 S. Riverside Drive
Scott Bell, 1005 S. Shannon Avenue
Franco Merro, 106 Deland Avenue
Ray DiZefalo recommended a workshop with the Police Department to study the issue.
Solving the problem by rephasing the light at A1A and Fifth Ave. was also discussed.
Motion for right and left turn lanes only passed with Mayor Trott, Deputy Mayor Bogert, Councilman Benevente and Councilman Cook voting “yes.” Councilman McCabe voted “no.”
E. Discussion and possible action with respect to lowering the speed limit on N. Palm Avenue (Requested by Councilman Cook)
Councilman Cook recommended reducing the speed limit from 25 to 20 mph on N. Palm as this is the route used by school children.
Councilman McCabe moved to reduce the speed limit on N. Palm Ave. to 20 mph subject to a study. Councilman Cook seconded. Motion carried unanimously.
XI. ADMINISTRATIVE MATTERS
A. Report from Town Manager
Statistical Reports – November 2002
XII. REPORTS
A. Mayor Trott had no report.
B. Deputy Mayor Bogert had no report.
C. Councilman Benevente reported that the summit meeting is set for 2/21/03 and will be at no cost.
D. Councilman Cook had no report.
E. Councilman McCabe thanked the board applicants for their interest.
XIII. ADJOURNMENT
The meeting was adjourned at 9:25 PM.
TOWN OF INDIALANTIC
______________________
Daniel S. Trott
Mayor
ATTEST:____________________
Laura Eaton, CMC
Town Clerk